Terms

General

The Member agrees to abide by all membership regulations, this agreement and to comply with expressed and/or customary rules for participation and use of equipment and the facility. Unless cancelled, as provided in this agreement, the Member will be responsible for all payments due and owing under this agreement, even if there is no use of the facilities and services. In the event of death or disability, liability for fees will terminate at the date of death or disability. If the facility becomes temporarily unavailable due to events such as fire, flood, loss of lease or the like the Proprietor will extend the Member’s privileges for the same period as the facilities were unavailable.

Assumption of Risk and Release

The Member acknowledges that there may be a significant risk of injury arising from the use of Club Facilities and/or equipment and/or other activities of the Proprietor and that such injury may include significant disablement or harm and paralysis. The Member acknowledges and freely accepts all such risks both apparent and non apparent and acknowledges that the facility is an unsupervised fitness club. The Member agrees to assume all risks associated with using exercise equipment and exercising without supervision and without the aid or presence of staff members on the premises. The Member hereby releases, indemnifies and hold harmless the Proprietor, its employees and officers and affiliates and agents and other Members in respect of any injury, disability, death, loss or damage occasioned to the Member or to the Member’s property whether arising from the negligence of any of the releasees or otherwise that may arise out of or in connection with the Members’s use of the equipment and/or the facilities or any incident that occurs while the Member is using the Club’s facilities or engaging in Club activities whether on or away from the premises of the Proprietor or otherwise related to this membership except in regards to any rights the Member may have arising under the Trade Practices Act 1974.

The Member expressly agrees that the release is intended to be as broad and inclusive as permitted by the laws of Tasmania and if any part of this release and indemnity is held invalid the balance of the release and indemnity shall remain in full force and effect. The Member agrees that the release shall apply to his/her heirs and assigns and in the case of any family membership to any minor included in the membership application on whose behalf the Member signs as parent and/or guardian. The Member acknowledges that the Proprietor is relying on this release in agreeing to enter into this agreement.

Safety Notices

This facility is under 24 hour recorded video surveillance. Member access to the facility by use of the key is logged.

Members may not bring guests into the facility at any time without prior written consent of the Proprietor. If the Member breaches this condition the Proprietor may charge the Member a guest fee and/or may suspend or cancel the membership of the Member and may impose a penalty of up to $250.00.

The Member must not allow any other person to use the Member’s key and must advise the Proprietor immediately the Member’s key is lost or stolen, in breach of which the penalties as referred to above apply.

A Member who does not have a key at the time of entry into the facility is not entitled to enter the facility during non-staffed hours and must not expect any other person to permit the Member entry.

Personal training services provided in the facility may be provided either by the Proprietor or it employees or independent contractors in operation of that contractors own business. No other personal training may be conducted on the premises.

All Members have access to a free orientation session including advice on the proper use of facility and equipment. It is the Member’s responsibility to request this orientation service.

Each Member must wipe down equipment and rack up any weights used.

Members are required to use the safety facilities provided on equipment. Any Member unsure of the use of equipment must obtain instruction from the Proprietor or a personal trainer. The Member is responsible understanding how to operate the Police and Ambulance emergency buttons in the facility and agrees to use the Police and Ambulance emergency buttons only in the case of emergency. A $250.00 penalty may be imposed for misuse of the emergency buttons.

Unruly behaviour, vulgar language or improper use of equipment in the facility or being present in the facility while intoxicated, whether as a result of alcohol or drug ingestion, or other inappropriate behaviour is not permitted and may result in the suspension or cancellation of the Member’s membership without any entitlement for refund.

No Member is permitted to photograph or video any person or activity in the facility.

Persons under the age of 18 years are not permitted to use the facility, unless a parent/guardian has assumed personal and financial responsibility requiring both parties’ signatures on the time of signing the membership agreement form. Minimum entry age is 15 years & 9 months.

Member Details

The Member permits the use of personal details.

Right to Cancel

A Member may cancel this agreement by giving four (4) weeks notice and completing and signing a “Notice of Cancellation” form in person at the relevant ZAP Club during staffed hours. A phone call or email is not considered an acceptable form of notice of cancellation. To take effect the cancellation must be received no later than 6pm on the Tuesday before the fortnightly direct debit.

Usage

In the event that the Proprietor operates additional facilities of this type the Member may request and the Proprietor may permit the usage of membership to such other permitted facility on the same terms and conditions as this agreement provided that there are no outstanding payments due by the Member under and by virtue of this agreement.

Complimentary Usage

Prior to any exercise, any complimentary usage of the facility needs to be at the discretion of the Proprietor. All complimentary time at the facility must be during staffed hours. It is the Member’s responsibility to complete a casual waiver form prior to any exercise.

Transfers

Transfers are not permitted.

Dress Code

Appropriate gym attire must be worn in the facility at all times. Sports shoes are compulsory. Work boots, street shoes, thongs and open-toed sandals are not acceptable. Jeans and drill trousers are not permitted. No hoods are to be worn over the head or face on entry or in the Club. The Proprietor and staff have the right to refuse entry to any Member inappropriately dressed.

Advertising

Members may not affix any advertising nor otherwise advertise in the facility.

Membership Direct Debit

The Member is liable to pay an additional fee of $30 in the event that details provided are incorrect, including change of account, insufficient funds or otherwise. The Proprietor reserves the right to deactivate the Member’s access key until payment is made. In the event of default of the membership payments, the Member agrees to pay all costs of collection including agency fees and any legal costs incurred in the recovery of the outstanding amount.

Access Key

The access key remains the property of the Member in the event of cancellation. The access key is able to be reactivated subject to a fixed fee within a year of deactivation. Access keys are non-refundable.

Arbitration

Any dispute arising under this agreement shall be for determination pursuant to the provisions of the Commercial Arbitration Act 1986.

Maintenance

The Proprietor reserves the entitlement to close the facility and not permit access thereto by a Member for two weeks in each calendar year for maintenance purposes.

Consent to charge fees

By providing a credit card number or bank account at the time of joining, the Member expressly consents to the Proprietor charging all fees and charges in respect to the membership to the provided credit card or bank account.

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